OC DEVELOPMENT SERVICES REPORT. Public Hearing Proposed Zoning Code Amendment CA County of Orange Landscape Irrigation Code

Transcription

1 OC DEVELOPMENT SERVICES REPORT ITEM # 1 DATE: January 27, 2016 TO: FROM: SUBJECT: PROPOSAL: ZONING/ GENERAL PLAN: LOCATION: APPLICANT: STAFF CONTACT: Orange County Planning Commission OC Development Services Public Hearing Proposed Zoning Code Amendment CA County of Orange Landscape Irrigation Code Recommend adoption of proposed Zoning Code Amendment CA by the Board of Supervisors to update the County s Landscape Irrigation Code to ensure compliance with the recently updated statewide Model Water Efficient Landscape Ordinance N/A Unincorporated Areas of Orange County OC Development Services Laree Alonso, Planning Manager, OC Development Services laree.alonso@ocpw.ocgov.com Hadi Tabatabaee, Building Official, OC Development Services hadi.tabatabaee@ocpw.ocgov.com Page 1 of 8

2 OC Development Services Report January 27, 2016 Zoning Code Amendment CA Landscape Irrigation Code Page 2 of 2 RECOMMENDED ACTION: OC Development Services recommends the Planning Commission: a. Receive staff report and public testimony. b. Adopt Draft Planning Commission Resolution No (Attachment 1) that will: 1. Find that Final Negative Declaration IP (Attachment 2), previously adopted by the Board of Supervisors on October 24, 1990 and Addendum IP adequately address the effects of the proposed project, reflect the independent judgment of the County of Orange and are approved for the proposed project based on the following additional findings:. (a) (b) The circumstances of the project are substantially the same and Final Negative Declaration IP and Addendum IP (Attachment 3) adequately address the effects of the proposed Landscape Irrigation Code Update Project. No substantial changes have been made in the Landscape Irrigation Code Update Project, no substantial changes have occurred in the circumstances under which the Landscape Irrigation Code Update Project is being undertaken, and no new information of substantial importance to the Landscape Irrigation Code Update Project which was not known or could not have been known when Final Negative Declaration IP was adopted has become known; therefore no further environmental review is required. Negative Declaration No. IP and Addendum IP are adequate to satisfy the requirements of CEQA for the updated County of Orange Landscape Irrigation Code. 2. Recommend adoption of Zoning Code Amendment CA (Attachment 4), regarding the update to the County of Orange Landscape Irrigation Ordinance, by the Board of Supervisors. DISCUSSION: On October 24, 1990, the Board of Supervisors (Board) adopted Ordinance No. 3802, the County of Orange Water Conservation Implementation Program which established landscape irrigation requirements in the unincorporated areas of Orange County. These requirements were updated when the Board adopted Ordinance No on December 15, 2009 to comply with the statewide Model Water Efficient Landscape Ordinance (MWELO). This action also renamed this section of the Zoning Code the County of Orange Landscape Irrigation Code. The County has been enforcing these regulations since that time. Page 2 of 8

3 OC Development Services Report January 27, 2016 Zoning Code Amendment CA Landscape Irrigation Code Page 3 of 3 On April 1, 2015, the Governor signed Drought Executive Order EO B 29 15, as described in Attachment 5, which directed the Department of Water Resources to expedite an update to the statewide MWELO. The updated statewide MWELO, as shown in Attachment 6, was approved by the California Water Commission on July 15, Local jurisdictions are mandated to adopt the updated statewide MWELO, adopt their own version which is as least as effective in conserving water as the statewide MWELO or participate in a regional effort to develop a MWELO. In response to the Drought Executive Order, a consortium of stakeholders was formed under the leadership of the Association of California Cities, Orange County (ACC OC) and the Municipal Water District of Orange County (MWDOC) to develop a countywide MWELO. This stakeholder group included representatives from cities, Building Industry Association (BIA), local water agencies and other subject matter experts. The goal of the stakeholder group was to develop a locally crafted MWELO that will meet the requirements of state law, minimize the complexity and cost of compliance and provide general consistency between local jurisdictions. Meetings and technical writing sessions of the stakeholder group took place from July to September, This collaborative effort resulted in the development of the OC Model Water Efficient Landscape Ordinance (OC MWELO) and Guidelines for Implementation of the OC Model Water Efficient Landscape Ordinance, as shown in Attachment 7. The OC MWELO and associated guidelines are intended as a framework for ordinances adopted by Orange County jurisdictions. The County has elected to follow the model of the OC MWELO and its associated guidelines to ensure compliance with the statewide MWELO. The recommended update to the County of Orange Landscape Irrigation Code will meet the requirements of, and will be at least or more effective, than the statewide MWELO. The recommended Guidelines for Implementation of the County of Orange Landscape Irrigation Code, as shown in Attachment 8, will be an Appendix to the recommended Landscape Irrigation Code and provide technical guidance for applicants when preparing landscape plans and data in compliance with the revised requirements. The County of Orange Landscape Irrigation Code applies to any new or rehabilitation project subject to plan check, design review or permit, regardless of ownership. The table below includes the most significant changes between the 2009 and 2015 statewide MWELO: Page 3 of 8

4 OC Development Services Report January 27, 2016 Zoning Code Amendment CA Landscape Irrigation Code Page 4 of 4 Applicability Standard Description 2009 Version 2015 Version Annual Reporting Threshold Trigger Maximum Amount of Turf in Total Landscape Area Dedicated Water Meters or Sub Meters Soil Preparation Prescriptive Option Evapotranspiration table Projects that these requirements will apply to Local jurisdictions are required to report on implementation and enforcement The size of landscape projects that must meet these requirements Limit on amount of turf is intended to minimize water usage Will allow service providers to better track water usage Increasing the ability of the soil to retain stormwater will decrease need for potable water usage Provides an alternative method to comply with code requirements. This option typically used for small projects. Evapotranspiration is the amount of water lost to the atmosphere and varies due to location. This data is used to determine the amount of irrigation needed to maintain landscaped areas. Projects requiring a building or landscape permit, plan check or design review (regardless of ownership) No requirement 2,500 sf for public/private development 5,000 sf for owner built 2,500 sf for rehabilitated landscape projects 33% of total project in residential areas Recommended for areas smaller than 5,000 sf No requirement Not an option Provided data for only 3 locations in OC Projects requiring a building or landscape permit, plan check or design review (regardless of ownership) County must submit report annually to DWR by December 31st 500 sf of new construction 2,500 sf for rehabilitated landscape projects 25% of total project in residential areas No planting of turf in non residential areas except for sports, picnic areas, areas irrigated with recycled water No planting of turf in medians and parkways Required for residential areas over 5,000 sf Required for nonresidential areas over 1,000 sf May be required to add organic matter to soil to increase its ability soil to capture and hold stormwater Available for small projects Provides data for each OC city which will result in increased accuracy in determining the amount of water needed to maintain landscaped areas Page 4 of 8

5 Page 5 of 8

6 Page 6 of 8

7 Page 7 of 8

8 Page 8 of 8